【法规名称】
【法规编号】 58674 什么是编号？
【正 文】
第3页 CAP 482 MERCHANT SHIPPING (LINER CONFERENCES) ORDINANCE
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[接上页] (b) the parties to the dispute have made an agreement to which Article 25(1) applies (agreed procedures in lieu of conciliation) which is capable of being, or has been, performed.(4) The Court of First Instance may attach to a stay granted under subsection (3) such conditions as appear to it appropriate, and in particular, conditions with respect to the institution or prosecution of conciliation or other proceedings. (5) The Court of First Instance may remove a stay granted under subsection (3) if any condition attached under subsection (4) is not complied with or if at any time it appears to the Court of First Instance that the circumstances are such that a new application for the stay would not be granted. (6) In relation to an arbitration agreement to which Article 25(1) applies, subsections (3) to (5) of this section shall apply in place of section 6(1) of, and Article 8(1) of the Fifth Schedule to, the Arbitration Ordinance (Cap 341) (which provide respectively for the staying of legal proceedings and for the parties to an action to be referred to arbitration). (Amended 25 of 1998 s. 2) Cap 482 s 9 Time for bringing legal proceedings (1) No legal proceedings arising out of a dispute relating to the application or operation of the Code shall be brought in Hong Kong after the end of the period of 2 years from the date on which the cause of action accrued or, if later, the end of the period of 6 months from the date on which conciliation proceedings relating to the dispute were completed or abandoned. (2) The following provisions of the Limitation Ordinance (Cap 347) shall apply to the limitation period prescribed by subsection (1) as they apply to the limitation periods prescribed by that Ordinance- (a) section 22(1) (extension of limitation period in case of disability); (b) section 26 (postponement of limitation period in case of fraud, concealment or mistake); (c) section 35 (provisions as to set off or counterclaim). (Enacted 1995) Cap 482 s 10 Recognition and enforcement of recommendations etc. of conciliators Remarks: Amendments retroactively made-see 25 of 1998 s. 2 (1) Where a recommendation of conciliators has become binding as between 2 or more parties in accordance with Article 37 then, subject to subsection (2)- (a) it shall be recognized in Hong Kong as conclusive, as between those parties of the dispute to which it relates; and (b) any of those parties may apply to have the recommendation registered for enforcement in the Court of First Instance.(2) A recommendation shall not be so recognized or enforced if it is affected by any of the matters mentioned in Article 39(2)(a) to (d) (disability, fraud, coercion, public policy or irregularity of composition or procedure of the conciliators), unless the affected part can be severed as mentioned in Article 39(3) and the remainder of the recommendation recognized and enforced. (3) Where the costs to be borne by a party to conciliation proceedings in accordance with Article 43(1) (costs of conciliation and its administration) have been determined, the person to whom those costs are to be paid may apply to have the determination registered for enforcement in the Court of First Instance. (4) A party in whose favour an award of costs has been made by conciliators under Article 43(3) (vexatious or frivolous proceedings) may apply to have the award registered for enforcement in the Court of First Instance. (5) Provision may be made by the rules of court as to- (a) the manner in which application is to be made for registration of a recommendation, determination or award under this section; (b) the documents to be produced and the matters to be proved by a person seeking recognition of a recommendation or enforcement of a recommendation, determination or award; (c) the manner in which a recommendation, determination or award is to be registered under this section; (d) the manner in which and the conditions subject to which a recommendation, determination or award so registered may be enforced.(6) Subject to any provision made under subsection (5)(d), a recommendation, determination or award registered under this section shall, for the purposes of its enforcement, be of the same force and effect, the Court of First Instance shall have the same powers in relation to its enforcement, and proceedings for or with respect to its enforcement may be taken, as if the recommendation, determination or award had been a judgment or decree originally given in the Court of First Instance and had (where relevant) been entered. (7) Where a recommendation, determination or award is registered under this section, the reasonable costs or expenses of and incidental to its registration are recoverable as if they were sums recoverable under it, except that they carry interest as if they were the subject of an order for the payment of costs or expenses made by the Court of First Instance on the date of registration. (8) The power to make rules of court under section 54 of the High Court Ordinance (Cap 4) shall include power to make rules of court for the purposes of this section. |
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